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'Undue Influence' Can't Be Inferred Merely Because Family Member Was Taking Care Of Elderly Person
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'Undue Influence' Can't Be Inferred Merely Because Family Member Was Taking Care Of Elderly Person

13 Sep 2019 05:11 pm

The Supreme Court, in a judgment observed that 'undue influence' in execution of contract cannot be inferred merely because a family member was looking after his family elder.

In a suit between brothers, it was alleged that the defendants obtained the sale deed from their deceased father fraudulently, by undue influence because of old age and infirmity of the deceased and who was living with the defendants. The Suit was dismissed. Though the First Appellate Court reversed and decreed, the High Court restored the dismissal.

The bench comprising Justice Navin Sinha and Justice Indira Banerjee observed thus while dismissing an appeal [Raja Ram vs. Jai Prakash Singh] filed by the plaintiffs alleging undue influence exercised by their siblings on deceased father to execute sale deed.

Before the Apex Court, the physical condition of the deceased and his capacity to execute the sale deed was questioned. Another issue was regarding the undue influence by defendants over the deceased in having the sale deed executed in their favour because of the physical infirmity of the deceased on account of his old age.

Raja ram vs Jai Prakash singh and others.
Civil appeal no 2896 of 2009


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